CAMS · Question #611
A foreign bank maintains a correspondent account in the US. According to an investigation carried out by US authorities, the specific correspondent account seems to have facilitated a transaction…
The correct answer is D. The USA PATRIOT Act. The USA PATRIOT Act grants US authorities the power to seize funds held in US correspondent accounts when those accounts facilitated transactions involving tainted funds.
Question
A foreign bank maintains a correspondent account in the US. According to an investigation carried out by US authorities, the specific correspondent account seems to have facilitated a transaction involving tainted funds. Which allows the US authorities to seize the funds of the foreign bank held with the US bank?
Options
- AThe Financial Crimes Enforcement Network Customer Due Diligence Final Rule
- BThe 6th EU AML Directive
- CRegulations of the Office of Foreign Assets Control, US Department of Treasury
- DThe USA PATRIOT Act
How the community answered
(39 responses)- A10% (4)
- B5% (2)
- C3% (1)
- D82% (32)
Why each option
The USA PATRIOT Act grants US authorities the power to seize funds held in US correspondent accounts when those accounts facilitated transactions involving tainted funds.
The FinCEN CDD Final Rule establishes customer due diligence and beneficial ownership requirements for financial institutions but does not grant seizure or forfeiture authority over correspondent account funds.
The 6th EU AML Directive is a European Union instrument that applies to EU member states and their obliged entities and has no jurisdictional authority over US law enforcement actions.
OFAC regulations administer and enforce economic and trade sanctions programs targeting specific countries, entities, and individuals but do not provide the legal mechanism to seize correspondent account funds based on a money laundering transaction.
Section 319(a) of the USA PATRIOT Act explicitly authorizes US law enforcement to seize or forfeit funds from a US correspondent account held by a foreign bank when that account has been used to facilitate money laundering or other crimes, even if the tainted funds are no longer present in the US account.
Concept tested: USA PATRIOT Act correspondent account forfeiture authority
Source: https://www.fincen.gov/resources/statutes-and-regulations/usa-patriot-act
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